Pros of plea bargaining? 1) Benefits to the prosecution:
Ensures a conviction; reduces stress on gov’t resources
; relieves victims of the burden of testifying in court.
What is a plea bargaining quizlet?
Plea bargaining is
the process of
.
negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence
in a given case. Plea bargaining circumvents the. trial process and dramatically reduces the time required for the resolution of a criminal case.
What is an advantage of plea bargaining?
Plea bargains
allow victims to avoid testifying in court
, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.
Which of the following is considered to be one of the pros of plea bargains?
A
lesser charge, lighter sentence
, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.
Who must ensure that a plea bargain is voluntary?
(2) Ensuring That a Plea Is Voluntary. Before accepting a plea of guilty or nolo contendere, the court must address
the defendant personally in open court
and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement).
What are the disadvantages of a plea bargain?
- It removes the right to have a trial by jury. …
- It may lead to poor investigatory procedures. …
- It still creates a criminal record for the innocent. …
- Judges are not required to follow a plea bargain agreement. …
- Plea bargains eliminate the chance of an appeal. …
- It provides soft justice for the guilty.
What are three disadvantages of plea bargaining?
Plea Bargain Disadvantages
In some cases, the defendant risks going to jail for a crime he or she didn’t commit.
The defendant gives up the right to a potentially vindicating “not guilty” verdict
. Negotiating a plea bargain might lead to poor case investigation and preparation.
What are the pros and cons of plea bargaining?
- Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:
- Lighter Sentence. …
- Reduced Charge. …
- The Case Is Over. …
- Disadvantages. …
- Avoiding Problems with Prosecution’s Case. …
- No “Not Guilty” Result. …
- Possibility of Coercion.
Who decides if a plea agreement will be entered in to?
A judge
has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant’s character, and the defendant’s prior criminal record.
Which is a disadvantage of plea bargaining quizlet?
Cons of plea bargaining? 1)
Can pressure the innocent to plead guilty to avoid a more serious charges
. 2) Prosecutor’s have overwhelming bargaining advantage. 3) It takes place in private allowing police to cover up mistakes and shields prosecutors from public scrutiny.
Is plea bargaining good or bad?
The Pros of Plea Bargaining
If you can have some of your charges reduced or dismissed, you may possibly avoid a lengthy prison sentence and hefty fines. Plea bargaining may also result in a quicker final decision from the judge and jury and can give you a greater sense of certainty.
Who is the most powerful person in the plea bargain process?
“And again, the person who has the most say and power over a plea bargain—that person is
the prosecutor
,” Bazelon said. Experts says plea deals have fueled mass incarceration by incentivizing defendants to plead guilty, even if they didn’t do the crime.
What happens after plea bargain?
Once you and your lawyer reach an agreement with the prosecutor, you should make sure the plea deal is written down and recorded. … If the judge accepts the plea bargain,
the judge will instruct you to admit guilt under oath
. When this occurs, you are waiving your rights, including: The right to a jury trial.
Should victims have a say in plea bargain?
In several states, victims are
afforded a general right to confer with the prosecutor
. … In other states, the obligation to confer appears to be limited to notifying, informing, or advising victims of a plea bargain or agreement that has already been reached before presenting the proposed plea to the court.
Why would a prosecutor offer a plea bargain?
Plea bargaining has a number of advantages for the defendant, as it often means that the defendant can avoid the need for a lengthy trial, which can be both distressing and upsetting. … Prosecutors generally prefer plea bargaining options
to avoid lengthy trials and wasting the Court’s time on low-priority cases
.
What percent of cases end in a plea bargain?
While there are no exact estimates of the proportion of cases that are resolved through plea bargaining, scholars estimate that about
90 to 95 percent of
both federal and state court cases are resolved through this process (Bureau of Justice Statistics, 2005; Flanagan and Maguire, 1990).
